Customs Act 1901

PART VIII - THE DUTIES  

Division 1L - Chinese originating goods  

Subdivision B - Goods wholly obtained or produced in the territory of China  

SECTION 153ZOC   GOODS WHOLLY OBTAINED OR PRODUCED IN THE TERRITORY OF CHINA  

153ZOC(1)    
Goods are Chinese originating goods if:

(a) they are wholly obtained or produced in the territory of China; and

(b) either:

(i) the importer of the goods has, at the time the goods are imported, a Certificate of Origin or a Declaration of Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Certificate of Origin or a Declaration of Origin for the goods.

153ZOC(2)    
Goods are wholly obtained or produced in the territory of China if, and only if, the goods are:

(a) live animals born and raised in the territory of China; or

(b) goods obtained in the territory of China from live animals referred to in paragraph (a); or

(c) goods obtained directly from hunting, trapping, fishing, aquaculture, gathering or capturing conducted in the territory of China; or

(d) plants, or plant products, harvested, picked or gathered in the territory of China; or

(e) minerals, or other naturally occurring substances, extracted or taken in the territory of China; or

(f) goods, other than fish, shellfish, plant or other marine life, extracted or taken from the waters, seabed or subsoil beneath the seabed outside the territory of China, but only if China has the right to exploit such waters, seabed or subsoil in accordance with international law and the law of China; or

(g) fish, shellfish, plant or other marine life taken from the high seas by a vessel registered with China and flying the flag of China; or

(h) goods obtained or produced from goods referred to in paragraph (g) on board factory ships that are registered with China and flying the flag of China; or

(i) waste and scrap that:

(i) has been derived from production in the territory of China; or

(ii) has been derived from used goods that are collected in the territory of China and that are fit only for the recovery of raw materials; or

(j) goods produced entirely in the territory of China exclusively from goods referred to in paragraphs (a) to (i).